Section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, referred to in subsec. (a), is section 28(h)(1) of Pub. L. 98–426, which is set out as a note under section 907 of Title 33, Navigation and Navigable Waters.
Public Law 803, 69th Congress, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, popularly known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables.
Section 42 of Public Law 803, referred to in subsec. (a), was repealed by Pub. L. 89-554, § 8(a),
Section 43 of Public Law 803, referred to in subsec. (a), was repealed by Pub. L. 89-348, § 1(15),
Sections 45, 46, and 47 of Public Law 803, referred to in subsec. (a), were repealed by Pub. L. 98–426, § 25,
Section 945 of this title, referred to in subsecs. (c), (j)(3), was repealed by Pub. L. 107–275, § 2(c)(1),
The effective date of the Black Lung Benefits Amendments of 1981, referred to in subsecs. (d) and (g), is
2010—Subsec. (l). Pub. L. 111–148 struck out “, except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981” after “claim of such miner”.
1986—Subsecs. (a), (i)(4), (j). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984—Subsec. (a). Pub. L. 98–426 substituted “Subject to section 28(h)(1) of the Longshore and Harbor Workers’ Compensation Act Amendments of 1984, during” for “During”.
1981—Subsec. (a). Pub. L. 97–119, § 104(b)(3), substituted “section 9501(d) of title 26” for “section 934 of this title”.
Subsec. (c). Pub. L. 97–119, § 205(a)(1), substituted “due to pneumoconiosis (1)” for “due to pneumoconiosis” and added cl. (2).
Subsec. (d). Pub. L. 97–119, § 204, inserted provision relating to accrual of interest if payment is not made within the time required and accumulation of interest with respect to payments withheld pending final adjudication of liability in the case of claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981.
Subsec. (g). Pub. L. 97–119, § 203(b), inserted provision reducing the amount of benefits payable under this section with respect to any claim filed on or after the effective date of the Black Lung Benefits Amendments of 1981.
Subsec. (i)(4). Pub. L. 97–119, § 104(b)(4), substituted “section 9501(d) of title 26” for “section 934 of this title”.
Subsec. (j). Pub. L. 97–119, §§ 104(b)(5), 205(a)(2), substituted in provision preceding par. (1) “section 9501 of title 26” for “section 934 of this title” and in par. (1) “section 9501(d)(1) of title 26” for “section 934(a)(1) of this title” and added par. (3).
Subsec. (l). Pub. L. 97–119, § 203(a)(6), inserted before period at end “, except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981,”.
1978—Subsec. (a). Pub. L. 95–239, §§ 3(b)(4), 7(a), inserted “, and as it may be amended from time to time” after “as amended”, inserted a comma after “and 51 thereof)”, substituted “or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent with the provisions of section 934 of this title)” for “and except as the Secretary shall by regulation otherwise provide)”, and inserted “, or with respect to entitlements established in paragraph (5) of section 921(c) of this title” after “with respect to death or total disability due to pneumoconiosis arising out of employment in such mine”.
Subsec. (b). Pub. L. 95–239, § 7(b), provided that an employer, other than an operator of a coal mine, shall not be required to secure the payment of benefits with respect to any employee of that employer to the extent that the employee is engaged in the transportation of coal or in coal mine construction and authorized the Secretary to require an employer to secure a bond or otherwise guarantee the payment of benefits.
Subsec. (c). Pub. L. 95–239, § 7(c), struck out reference to regulations of the Secretary of Health, Education, and Welfare and substituted “employment in a mine during a period after
Subsec. (e)(3). Pub. L. 95–239, § 7(d), struck out par. (3) which had provided that no payment of benefits could be required under this section for any period after twelve years after
Subsec. (f). Pub. L. 95–239, § 7(e), provided that any claim for benefits by a miner under this section be filed within three years after the later of either a medical determination of total disability due to pneumoconiosis or
Subsec. (h). Pub. L. 95–239, § 7(f), struck out provision under which the regulations of the Secretary of Health, Education, and Welfare promulgated under section 921 of this title had also been applicable to claims under this section.
Subsec. (i)(1). Pub. L. 95–239, § 7(g), imposed claim liability on operators who acquired a mine from a prior operator on or after
Subsec. (i)(2). Pub. L. 95–239, § 7(g), reenacted par. (2) without change.
Subsec. (i)(3), (4). Pub. L. 95–239, § 7(g), added pars. (3) and (4).
Subsecs. (j) to (l). Pub. L. 95–239, § 7(h), added subsecs. (j) to (l).
1972—Subsec. (a). Pub. L. 92–303, §§ 3(b), 5(2), (9), substituted “a coal mine” for “an underground coal mine”, “1973” for “1972” and struck out reference to section 7 of Pub. L. 803, 69th Congress (44 Stat. 1424, approved
Subsec. (e)(2). Pub. L. 92–303, § 5(3), substituted “
Subsec. (e)(3). Pub. L. 92–303, § 5(4), substituted “twelve years” for “seven years”.
Subsec. (f). Pub. L. 92–303, § 8, designated existing provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 92–303, § 3(a), substituted “coal mine” for “underground coal mine”.
Amendment by Pub. L. 111–148 applicable with respect to claims filed under parts B and C of this subchapter after
Amendment by Pub. L. 98–426 effective
Amendment by sections 203(a)(6), (b), 204, 205(a) of Pub. L. 97–119 effective
Amendment by Pub. L. 95–239 effective
Amendment by section 3(a), (b) of Pub. L. 92–303 effective